¶1Appeal from an order of the Family Court, Genesee County (Eric R. Adams, J.), entered August 17, 2004 in a proceeding pursuant to Family Court Act article 6. The order granted respondent’s motion to dismiss the petition.
¶2It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
¶3Same memorandum as in Matter of Neth v Sherman (21 AD3d 1368 [2005]). Present—Hurlbutt, J.P., Scudder, Smith, Pine and Hayes, JJ.